NY Workers' Comp Ruling May Expand Claimant Benefits

By Cory DeCresenza (May 2, 2022, 3:59 PM EDT) -- On April 21, New York's highest court issued a joint decision in Johnson v. City of New York and Liuni v. Gander Mountain affecting the assessment of schedule loss of use, or SLU, awards. SLU awards are granted for total or partial permanent impairment of a body member in New York workers' compensation claims.

The issue addressed was whether a subsequent SLU award must always be reduced by a prior SLU for a subpart — such as a hip, knee, shoulder or elbow — of the same body member, typically, the leg or the arm.

The New York Court of Appeals held...

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